What is Democracy? (6): Democracy and Human Rights

All human rights must be respected, and respected simultaneously, in order to have a proper democratic process. Many tyrannies allow the existence of opposition groups and even, sometimes, a limited degree of political participation, but these groups are harmless because they do not have equal access to publicity, because they do not have the freedom to organise as they wish, or because the people lack the material or intellectual resources necessary to be able to choose wisely among candidates.

It is apparent from this enumeration that the link between democracy and human rights (all human rights) is quite intense. Human rights institutionalize and guarantee conflict in general, and political conflict in particular. Choosing political leaders is the expression of an opinion. Read also art. 3 of Protocol I to the European Convention on Human Rights:

“The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”.

There is obviously a reason for the etymological link between the words “vote” and “voice”. Democracy is the application of human rights to the field of government. Human rights are democratic rights because they are necessary for democracy, just as democracy is necessary for human rights. The latter is also hinted at in the considerations preceding the articles of the European Convention:

“those fundamental freedoms which … are best maintained … by an effective political democracy”.

But human rights are not just a necessary prerequisite for democracy. They bring about democracy. When you have the right to express your opinions and to call all kinds of things into question, why would you stop at the government? You will automatically express an opinion on the government and call the government into question. And because it is futile and sad to express an opinion that has no consequences in the real world, people will begin to claim the implementation of their political opinions, which will be the birth of democracy.

Democracy and human rights cannot function separately. They need each other and reinforce each other. Where you have one, you also have the other. And where you have one without the other, there is something missing in what you have. A democracy without human rights is not an ideal democracy, because it cannot function adequately. Human rights without democracy are not complete because one of the most important uses of human rights – calling into question the work of the government and creating a common point of view on the work of the government – is not allowed, or, if it is allowed, does not have any useful consequences because it is impossible to have a democratic vote.

Human rights are not politically or ideologically neutral. They require democracy and are required by democracy. This supports the statement that human rights are not something primarily directed against politics or a way to limit politics. There are an essential part of democratic politics.

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11 thoughts on “What is Democracy? (6): Democracy and Human Rights”

  1. […] Furthermore, corruption eats away at the rule of law. Even in the most corrupt countries, corruption is usually illegal. If illegal activity becomes normal practice, the rule of law is obviously undermined, with possible consequences for judicial protection in general, including protection of human rights. The rule of law is also harmed directly by corruption, namely by corruption inside the judiciary and the police force, and this has an immediate impact on human rights. Even more seriously, corruption is associated with political instability since it tends to reduce citizens’ trust and faith in institutions. It can therefore destroy democracy, and democracy is both a human right and a means to protect human rights in general. […]

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  2. […] Election rules institute conflict and struggle. The place of power is an empty place (says Claude Lefort). The law forbids that persons occupy or appropriate this place in a permanent way. Power is the result of a regulated struggle for this place, a struggle that is periodically restarted because power itself is periodically called into question. However, conflict is not just institutionalized, it is also channeled: potentially dangerous conflicts between groups or parties competing for power can be battled out or decided in a peaceful , formalized and reasonable way. Since there will always be a next chance for the losers – who, by the way, do not risk loosing anything more than power – there is no need to resort to more forceful means in order to win the battle. In this way, democracy supports the right to security . This is one of the many examples of the link between democracy and human rights. […]

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